Florida Senate - 2016                                     SB 920
       
       
        
       By Senator Sachs
       
       
       
       
       
       34-01037-16                                            2016920__
    1                        A bill to be entitled                      
    2         An act relating to cruelty to animals; amending s.
    3         828.12, F.S.; establishing that property used or
    4         attempted to be used as an instrumentality in the
    5         commission of felony cruelty to animals is subject to
    6         forfeiture; amending s. 932.701, F.S.; revising the
    7         definition of the term “contraband article”; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (2) and (5) of section 828.12,
   13  Florida Statutes, are amended to read:
   14         828.12 Cruelty to animals.—
   15         (2) A person who intentionally commits an act to any
   16  animal, or a person who owns or has the custody or control of
   17  any animal and fails to act, which results in the cruel death,
   18  or excessive or repeated infliction of unnecessary pain or
   19  suffering, or causes the same to be done, commits aggravated
   20  animal cruelty, a felony of the third degree, punishable as
   21  provided in s. 775.082 or by a fine of not more than $10,000, or
   22  both. In addition, any real or personal property that was used,
   23  is being used, or was attempted to be used as an instrumentality
   24  in the commission of, or in aiding or abetting in the commission
   25  of, a violation under this subsection is subject to forfeiture
   26  pursuant to ss. 932.701-932.704.
   27         (a) A person convicted of a violation of this subsection,
   28  where the finder of fact determines that the violation includes
   29  the knowing and intentional torture or torment of an animal
   30  which that injures, mutilates, or kills the animal, shall be
   31  ordered to pay a minimum mandatory fine of $2,500 and undergo
   32  psychological counseling or complete an anger management
   33  treatment program.
   34         (b) A person convicted of a second or subsequent violation
   35  of this subsection shall be required to pay a minimum mandatory
   36  fine of $5,000 and serve a minimum mandatory period of
   37  incarceration of 6 months. In addition, the person shall be
   38  released only upon expiration of sentence, is not eligible for
   39  parole, control release, or any form of early release, and must
   40  serve 100 percent of the court-imposed sentence. Any plea of
   41  nolo contendere shall be considered a conviction for purposes of
   42  this subsection.
   43         (5) A person who intentionally trips, fells, ropes, or
   44  lassos the legs of a horse by any means for the purpose of
   45  entertainment or sport commits shall be guilty of a third degree
   46  felony, punishable as provided in s. 775.082, s. 775.083, or s.
   47  775.084. In addition, any real or personal property that was
   48  used, is being used, or was attempted to be used as an
   49  instrumentality in the commission of, or in aiding or abetting
   50  in the commission of, a violation under this subsection is
   51  subject to forfeiture pursuant to ss. 932.701-932.704. As used
   52  in this subsection, the term “trip” means any act that consists
   53  of the use of any wire, pole, stick, rope, or other apparatus to
   54  cause a horse to fall or lose its balance, and the term “horse”
   55  means any animal of any registered breed of the genus Equus, or
   56  any recognized hybrid thereof. The provisions of This subsection
   57  does shall not apply when tripping is used:
   58         (a) To control a horse that is posing an immediate threat
   59  to other livestock or human beings;
   60         (b) For the purpose of identifying ownership of the horse
   61  when its ownership is unknown; or
   62         (c) For the purpose of administering veterinary care to the
   63  horse.
   64         Section 2. Paragraph (a) of subsection (2) of section
   65  932.701, Florida Statutes, is amended to read:
   66         932.701 Short title; definitions.—
   67         (2) As used in the Florida Contraband Forfeiture Act:
   68         (a) “Contraband article” means:
   69         1. Any controlled substance as defined in chapter 893 or
   70  any substance, device, paraphernalia, or currency or other means
   71  of exchange that was used, was attempted to be used, or was
   72  intended to be used in violation of any provision of chapter
   73  893, if the totality of the facts presented by the state is
   74  clearly sufficient to meet the state’s burden of establishing
   75  probable cause to believe that a nexus exists between the
   76  article seized and the narcotics activity, whether or not the
   77  use of the contraband article can be traced to a specific
   78  narcotics transaction.
   79         2. Any gambling paraphernalia, lottery tickets, money,
   80  currency, or other means of exchange which was used, was
   81  attempted, or intended to be used in violation of the gambling
   82  laws of the state.
   83         3. Any equipment, liquid or solid, which was being used, is
   84  being used, was attempted to be used, or intended to be used in
   85  violation of the beverage or tobacco laws of the state.
   86         4. Any motor fuel upon which the motor fuel tax has not
   87  been paid as required by law.
   88         5. Any personal property, including, but not limited to,
   89  any vessel, aircraft, item, object, tool, substance, device,
   90  weapon, machine, vehicle of any kind, money, securities, books,
   91  records, research, negotiable instruments, or currency, which
   92  was used or was attempted to be used as an instrumentality in
   93  the commission of, or in aiding or abetting in the commission
   94  of, any felony, whether or not comprising an element of the
   95  felony, or which is acquired by proceeds obtained as a result of
   96  a violation of the Florida Contraband Forfeiture Act.
   97         6. Any real property, including any right, title,
   98  leasehold, or other interest in the whole of any lot or tract of
   99  land, which was used, is being used, or was attempted to be used
  100  as an instrumentality in the commission of, or in aiding or
  101  abetting in the commission of, any felony, or which is acquired
  102  by proceeds obtained as a result of a violation of the Florida
  103  Contraband Forfeiture Act.
  104         7. Any personal property, including, but not limited to,
  105  equipment, money, securities, books, records, research,
  106  negotiable instruments, currency, or any vessel, aircraft, item,
  107  object, tool, substance, device, weapon, machine, or vehicle of
  108  any kind in the possession of or belonging to any person who
  109  takes aquaculture products in violation of s. 812.014(2)(c).
  110         8. Any motor vehicle offered for sale in violation of s.
  111  320.28.
  112         9. Any motor vehicle used during the course of committing
  113  an offense in violation of s. 322.34(9)(a).
  114         10. Any photograph, film, or other recorded image,
  115  including an image recorded on videotape, a compact disc,
  116  digital tape, or fixed disk, that is recorded in violation of s.
  117  810.145 and is possessed for the purpose of amusement,
  118  entertainment, sexual arousal, gratification, or profit, or for
  119  the purpose of degrading or abusing another person.
  120         11. Any real property, including any right, title,
  121  leasehold, or other interest in the whole of any lot or tract of
  122  land, which is acquired by proceeds obtained as a result of
  123  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  124  property, including, but not limited to, equipment, money,
  125  securities, books, records, research, negotiable instruments, or
  126  currency; or any vessel, aircraft, item, object, tool,
  127  substance, device, weapon, machine, or vehicle of any kind in
  128  the possession of or belonging to any person which is acquired
  129  by proceeds obtained as a result of Medicaid fraud under s.
  130  409.920 or s. 409.9201.
  131         12. Any personal property, including, but not limited to,
  132  any vehicle, item, object, tool, device, weapon, machine, money,
  133  security, book, or record, that is used or attempted to be used
  134  as an instrumentality in the commission of, or in aiding and
  135  abetting in the commission of, a person’s third or subsequent
  136  violation of s. 509.144, whether or not comprising an element of
  137  the offense.
  138         13. Any real property, including any right, title,
  139  leasehold, or other interest in the whole of any lot or tract of
  140  land, or any personal property that was used, is being used, or
  141  was attempted to be used as an instrumentality in the commission
  142  of, or in aiding or abetting in the commission of, any felony
  143  violation involving cruelty to animals under s. 828.12(2) or
  144  (5).
  145         Section 3. This act shall take effect July 1, 2016.